DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
First side plate and second side plate, in claim 1 – Applicant’s specification identifies ‘two side plates’ having reference number 32, but Fig. 2 only notates one side plate and no other figures identify another side plate.
First hinge plate and 2nd hinge plate, in claim 1 - Applicant’s specification identifies ‘two hinge plates’ having reference number 33, but Fig. 2 only notates one hinge plate and no other figures identify another hinge plate.
Clamping part, in claim 9.
Groove, in claim 10.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Status of Claims
Claims 1-10 are currently pending in the application.
Claim Objections
Claims 1, 6, and 9 are objected to because of the following informalities:
Claims 1 and 9 do not provided indentation where new items are provided. Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation, 37 CFR 1.75(i). See MPEP 6.08.01. It is suggested to amend claims 1 and 9 as such:
Claim 1 . A multi-instrument cooperative flexible ureteroscope surgical robot, comprising:
a bottom plate, wherein a first side plate and a second side plate are vertically arranged at two ends of the bottom plate respectively;
a flexible ureteroscope support plate, wherein a first hinge plate and a second hinge plate are vertically arranged at two ends of the flexible ureteroscope support plate respectively, the flexible ureteroscope support plate is located between the first side plate and the second side plate, and the first hinge plate and the second hinge plate are respectively hinged with the first side plate and the second side plate;
a flexible ureteroscope rotating mechanism, wherein the flexible ureteroscope rotating mechanism is fixedly connected with the bottom plate, an output end of the flexible ureteroscope rotating mechanism penetrates through the first side plate and is fixedly connected with the first hinge plate, and the flexible ureteroscope rotating mechanism is capable of driving the flexible ureteroscope support plate to rotate; [[and]]
a flexible ureteroscope feeding guide rail, wherein the flexible ureteroscope feeding guide rail is fixedly arranged on the flexible ureteroscope support plate; [[, and]]
a flexible ureteroscope bending mechanism is arranged on the flexible ureteroscope feeding guide rail, and the flexible ureteroscope bending mechanism is slidably connected with the flexible ureteroscope feeding guide rail;
a disposable flexible ureteroscope is arranged on the flexible ureteroscope bending mechanism, and the flexible ureteroscope bending mechanism is capable of adjusting a bending degree of the disposable flexible ureteroscope; and
a flexible ureteroscope tube of the disposable flexible ureteroscope penetrates through the second hinge plate and the second side plate and is in communication with a ureteral guide sheath.
Claim 9. The robot of claim 1, further comprising:
a support plate, wherein the bottom plate is fixedly connected to the support plate, and a bottom of the support plate extends downward to form a support;
wherein the support plate has a clamping part, the bottom plate is fixed in the clamping part, and a clamping degree of the clamping part is adjusted by a tension knob; and
a lifter, wherein the lifter is in transmission connection with the support and is capable of driving the support to move in an up-and-down direction.
Claim 6 recites the limitations “when the tension handle is pulled inward, the left clamping plate and the right clamping plate move towards each other and compress the tension spring, and the disposable flexible ureteroscope is capable of being fixed between the left clamping plate and the right clamping plate; when the tension handle is pulled outward, the tension spring resets and separates the left clamping plate and the right clamping plate.” Such limitations could be interpreted as a method step in a device claim, which would make the claim unclear. See MPEP 2173.05(p)(II). Therefore it is suggested to amend the claim as follows:
Claim 6. The robot of claim 3, wherein the flexible ureteroscope rapid assembly device comprises:
a base, wherein a left clamping plate and a right clamping plate are arranged on the base, and a tension spring is arranged in the base, and two ends of the tension spring are fixedly connected with the left clamping plate and the right clamping plate respectively; and
a tension handle, wherein the tension handle is in transmission connection with the left clamping plate and the right clamping plate;
wherein the tension handle is configured to be so that the left clamping plate and the right clamping plate move towards each other and compress the tension spring, and the disposable flexible ureteroscope is
wherein the tension handle is also configured to be so that the tension spring resets and separates the left clamping plate and the right clamping plate[[.]] and the disposable flexible ureteroscope is unfixed between the left clamping plate and the right clamping plate.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
- A flexible ureteroscope rotating mechanism, in claim 1, which has structural support in paragraphs [0011-0014] of Applicant’s specification stating, “In an embodiment, the flexible ureteroscope rotating mechanism includes: a flexible ureteroscope rotating motor, the flexible ureteroscope rotating motor is fixedly arranged on a lower surface of the bottom plate; a driving pulley, an output end of the flexible ureteroscope rotating motor is in transmission connection with the driving pulley; and a driven pulley, the driving pulley is in transmission connection with the driven pulley through a synchronous belt, and the driven pulley is fixedly connected with the first hinge plate, and a middle part of each of the first side plate, the second side plate, the first hinge plate and the second hinge plate is provided with a through hole, and the flexible ureteroscope tube of the disposable flexible ureteroscope extends from the through hole and is in communication with the ureteral guide sheath.”
Structural support is also in paragraph [0058] of Applicant’s specification stating, “In this embodiment, the flexible ureteroscope rotating mechanism includes a flexible ureteroscope rotating motor 22, a driving pulley 23 and a driven pulley 25. The flexible ureteroscope rotating motor 22 is fixedly arranged on the lower surface of the bottom plate 15. The output end of the flexible ureteroscope rotating motor 22 is in transmission connection with the driving pulley 23. The driving pulley 23 is in transmission connection with the driven pulley 25 through a synchronous belt 6, and the driven pulley 25 is fixedly connected with the hinge plate 33, and the middle part of each of the side plates 32 and the hinge plates 33 is provided with a through hole, and the flexible ureteroscope tube 43 of the disposable flexible ureteroscope 7 extends from the through hole and is in communication with the ureteral guide sheath 4.”
-A flexible ureteroscope bending mechanism, in claim 1, which has structural support in paragraph [0019-0020] of Applicant’s specification stating, “In an embodiment, the flexible ureteroscope bending mechanism includes: a flexible ureteroscope bending motor, the flexible ureteroscope bending motor is fixedly arranged on the flexible ureteroscope rapid assembly device, the disposable flexible ureteroscope is provided with a bending knob capable of adjusting the bending degree, and an output end of the flexible ureteroscope bending motor is in transmission connection with the bending knob.
Structural support is also in paragraph [0061] of Applicant’s specification stating, “In this embodiment, the flexible ureteroscope bending mechanism includes a flexible ureteroscope bending motor 11. The flexible ureteroscope bending motor 11 is fixedly arranged on the flexible ureteroscope rapid assembly device 9, the disposable flexible ureteroscope 7 is provided with a bending knob 10 capable of adjusting the bending degree, and the output end of the flexible ureteroscope bending motor 11 is in transmission connection with the bending knob 10.”
-A flexible ureteroscope rapid assembly device, in claim 3, which has structural support in paragraph [0021-0023] of Applicant’s specification state, “In an embodiment, the flexible ureteroscope rapid assembly device includes: a base, a left clamping plate and a right clamping plate are arranged on the base, and a tension spring is arranged in the base, and two ends of the tension spring are fixedly connected with the left clamping plate and the right clamping plate respectively; and a tension handle, the tension handle is in transmission connection with the left clamping plate and the right clamping plate; when the tension handle is pulled inward, the left clamping plate and the right clamping plate move towards each other and compress the tension spring, and the disposable flexible ureteroscope is capable of being fixed between the left clamping plate and the right clamping plate; when the tension handle is pulled outward, the tension spring resets and separates the left clamping plate and the right clamping plate.”
Structural support is also in paragraph [0062] of Applicant’s specification stating, “In this embodiment, the flexible ureteroscope rapid assembly device 9 includes a base 34 and a tension handle 27. A left clamping plate 28 and a right clamping plate 26 are arranged on the base 34, and a tension spring 44 is arranged in the base 34, and two ends of the tension spring 44 are fixedly connected with the left clamping plate 28 and the right clamping plate 26 respectively. The tension handle 27 is in transmission connection with the left clamping plate 28 and the right clamping plate 26; when the tension handle 27 is pulled inward, the left clamping plate 28 and the right clamping plate 26 move towards each other and compress the tension spring; when the tension handle 27 is pulled outward, the tension spring resets and separates the left clamping plate 28 and the right clamping plate 26. When the left clamping plate 28 and the right clamping plate 26 move towards each other, the disposable flexible ureteroscope 7 is capable of being fixed between the left clamping plate 28 and the right clamping plate 26. The tension handle is a handle used for moving the clamping plates towards or away from each other, the tension action of the handle on the clamping plates is achieved by the compress or loosen of the tension spring.”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the first hinge plate and the second hinge plate are respectively hinged with the first side plate and the second side plate” in lines 6-8. The limitation is confusing and unclear, thus indefinite. It is unclear how two side plates are hinged with two hinge plates if all the plates are vertically arranged and the flexible ureteroscope support plate is placed between the two ends of the bottom plate. The limitation, as currently written, implies the side plates and the hinge plates are hinged together but are also parallel to each other because each plate is arranged vertically and the flexible ureteroscope support plate -which comprises the two hinge plates its two ends -is placed between the two ends of the bottom plate. Therefore it is unclear how the hinge plates are connected - or hinged - with the side plates. Additionally, such description does not correlate to applicant’s Fig. 2 or paragraph [0057] of Applicant’s specification. As such, claim 2-10 are also rejected because of their dependence on the rejected base claim 1. Appropriate correction is required.
Claim 7 the term “close to” in line 9, which is a relative term and renders the claim indefinite. The term “close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore it is unclear how close the ureteral guide sheath must be to the second side plate. Claim 8 is also rejected because of its dependence on the rejected base claim 7. Appropriate correction is required.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten to overcome the claim objections and claim rejections under 35 U.S.C. §112, as set forth in this office action.
The following is an examiner’s statement of reasons for allowance:
The prior are fails to teach, among other features, a multi-instrument cooperative flexible ureteroscope surgical robot, comprising: a bottom plate, wherein a first side plate and a second side plate are vertically arranged at two ends of the bottom plate respectively; a flexible ureteroscope support plate, wherein a first hinge plate and a second hinge plate are vertically arranged at two ends of the flexible ureteroscope support plate respectively, the flexible ureteroscope support plate is located between the first side plate and the second side plate, and the first hinge plate and the second hinge plate are respectively hinged with the first side plate and the second side plate; a flexible ureteroscope rotating mechanism (as interpreted above under 35 U.S.C. §112(f) claim interpretation section), wherein the flexible ureteroscope rotating mechanism is fixedly connected with the bottom plate, an output end of the flexible ureteroscope rotating mechanism penetrates through the first side plate and is fixedly connected with the first hinge plate, and the flexible ureteroscope rotating mechanism is capable of driving the flexible ureteroscope support plate to rotate; and a flexible ureteroscope feeding guide rail, wherein the flexible ureteroscope feeding guide rail is fixedly arranged on the flexible ureteroscope support plate, and a flexible ureteroscope bending mechanism (as interpreted above under 35 U.S.C. §112(f) claim interpretation section) is arranged on the flexible ureteroscope feeding guide rail, and the flexible ureteroscope bending mechanism is slidably connected with the flexible ureteroscope feeding guide rail; a disposable flexible ureteroscope is arranged on the flexible ureteroscope bending mechanism, and the flexible ureteroscope bending mechanism is capable of adjusting a bending degree of the disposable flexible ureteroscope; and a flexible ureteroscope tube of the disposable flexible ureteroscope penetrates through the second hinge plate and the second side plate and is in communication with a ureteral guide sheath.
Fawdry et al. (US2024/0197155), Peters et al. (US2013/0123580), or Kidd et al. (US2011/0130718), alone or in obvious combination, teach the above except for the specific details of the flexible ureteroscope rotating mechanism and the flexible ureteroscope bending mechanism.
There is no reason or suggestion provide in the prior art to modify the above prior art to teach the limitations as claimed above, and the only reason to modify the references would be based on Applicant’s disclosure, which is impermissible hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Fawdry et al. (US2024/0197155);
Peters et al. (US2013/0123580); or
Kidd et al. (US2011/0130718).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGAN ELIZABETH MONAHAN/ Examiner, Art Unit 3795
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